ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

skills are of the utmost importance if an administrator is to achieve a successful working career
in schools.
Upstanding behavior. Table 45 is a break from the previous tables where poor behaviors
of administrators often resulted in adverse employment actions. In the five cases included here,
administrators acted in good faith and the best interests of the school but were punished out of
retaliation for their upstanding behavior. In three out of the five cases, the employee prevailed on
the claim and in the other two cases, the history of the case suggested that the employee would
have prevailed if for example the complaint had been filed in a timely manner.
Table 45
Upstanding Behavior with Litigative Claim
Case Year State Action PP Litigative Claim
Ledew v. School
Bd.
Patten v. Grant
Joint Union High
School Dist.
Fiero v. City of
New York
Moore v.
Middletown
Enlarged City
School Dist.
Corbett v.
Duering
1984 FL T E Ledew claimed that he was constructively discharged
because of his speech with the State Attorney’s Office
about administrative irregularities which was protected
by the First Amendment.
2005 CA R E Patten alleged that her reassignment to another school
was retaliation for her reporting a fund transfer scam by
the district to a state senator which was deemed an
illegal activity.
2008 NY R E Fiero argued that his reassignment for insubordination
was a First Amendment retaliation violation for refusing
his female principal’s sexual advances and refusing to
assist her in falsely reporting teacher evaluations.
2008 NY R S Moore claimed that his reassignment was retaliation for
his report of an apparent inappropriate relationship
between the superintendent and a student.
2010 WV T S Corbett claimed that his termination was a violation of
the First Amendment because he refused to “make
deals’ in regard to discipline with students with
influential parents, and he alleged that the
superintendent retaliated against him for his speech and
failure to acquiesce.
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